Question

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自卫权是一个国家的自然权利，也是所有国家尊重其他国家领土主权的一般性义务的例外。美国借口行使自卫权而对伊拉克发动的战争是对现存的联合国集体安全体制和关于自卫权的实施条件的挑战。其行为是违反现行的国际法的。但是，由于现代军事科技的高速发展，武力的威胁也成为影响一个国家安全的潜在危险。因而有必要在自卫权的条件上适当扩大，更好地保护国家的安全权利。而在设定此条件的时候必须在联合国的集体安全框架之内，以防止有关国家对此权利的滥用。自“9-11”事件后，美国放弃了自冷战时期起就奉行的“威慑”加“遏制”的战略，转而开始实施极富攻击性和侵略性的“先发制人”战略，先后对阿富汗和伊拉克发动了战争，推翻了塔利班和萨达姆政权，并声称要将反恐进行到底，对恐怖主义及为其提供庇护的国家予以坚决的打击。美国这一战略方针的改变，不仅加剧了世界的动荡，威胁到了世界和平，同时其对国家自卫权理论、条约的引申和滥用，严重曲解了《联合国宪章》中国家自卫权相关内容的含义，构成了对国际法准则的巨大冲击和挑战。本文从美国的“先发制人战略”的形成和发展着手，讨论它的基本问题及与其它相关责任的区别，通过对国家自卫权理论的研究历史、重要内容、国际社会接受该理论的历程及美国对该理论的“变通”－ “先发制人战略”的探讨，深入了解何谓国家自卫权及探究美国“先发制人战略”实质.以详尽的史料揭示美国“先发制人战略”背后的意图，披露该理论的阴暗面.

Answer 1

The right to self-defense is a natural right of countries, as well as all countries to respect other country's sovereignty and territorial general obligation exception. The United States an excuse to exercise its right of self-defense against Iraq and the war on the existing United Nations system of collective security and on the right of self-defense the conditions for the challenge. His behavior is inconsistent with existing international law. However, as modern military technology of rapid development, the threat of force has become a national security implications of the potential danger. It is necessary for the right to self-defense in conditions appropriate to expand and better protect the country's security. And the creation of conditions for this time of the United Nations collective security framework, in order to prevent the national rights of this abuse. Since the "9-11" incident, the United States abandoned since the Cold War period starting on the policy of "deterrence" and a "containment" strategy, turn started very offensive and aggressive "pre-emptive" strategy, successively in Afghanistan and Iraq launched the war and the overthrow of the Taliban and Saddam regime and allegedly wanted for terrorism in the end of terrorism and to provide asylum countries to resolutely combat. U.S. strategic policy change has not only exacerbated the turmoil in the world, a threat to world peace, while its right to national self-defense theory, the treaty's extension and abuse, serious distortion of the "United Nations Charter," which related to the right to national self-defense as the meaning, constitute the norms of international law on the huge impact and challenges. This paper from the United States the "preemptive strategy" of the formation and development proceed, It discussed the basic problems and other responsibilities associated with the distinction between countries of the right to self-defense theory of history. important, The international community accepted the theory and history of the United States on the theory of "alternative" - "preemptive strategy" of, in-depth understanding of the meaning of the right to national self-defense, the United States and explore the "preemptive strategy" substantive. with detailed historical data reveals the United States "pioneer OFFICER strategy, "the intention behind it, the disclosure of the dark side of the theory.

Answer 2

The right of self-defense is a national natural right, also is allcountries respects other country territorial sovereignties the generalvoluntary exception.
The American excuse exercises the right ofself-defense but the war which starts to Iraq is to the extant UnitedNations collective security system and about the right of self-defenseimplementation condition challenge.
Its behavior violates the presentinternational law.
But, as a result of the modern military science andtechnology high speed development, the military force threat alsobecomes affects a national security the potential hazard.
Thus has thenecessity in the right of self-defense condition the suitableexpansion, a better local constable protects national the securityright.
But in establishes this condition time must in United Nations'scollective security frame, prevents the related national regardingthis right abusing.
Since "9-11" the event, US gave up theself-cooling war time gets up carries out "the deterrent" Canada "thecontainment" the strategy, transfers starts to implement the extremelyrich aggressivity and aggressive "makes first move and gets control"the strategy, successively has started the war to Afghanistan andIraq, has overthrown Taliban and the Saddam regime, and declared mustinstead fear carries through to the end, and provides the asylum tothe terrorism for it the country to give the firm attack.
US thisstrategic concept change, not only intensified the world turbulence,threatened the world peace, simultaneously it to the national right ofself-defense theory, the treaty expanded and abuses, seriously hasmisinterpreted "the Charter of the United Nations" center the nationalright of self-defense correlation content meaning, constituted to theinternational standards huge impact and the challenge. This article"makes first move and gets control the strategy" from US the formationand the development begins, to discuss its basic issue and with othercorrelation responsibilities differences, through to the nationalright of self-defense theory research history, the important content,the international society accepts this theory the course and US "areaccommodating" to this theory - "makes first move and gets control thestrategy" the discussion, thoroughly understood what country right ofself-defense and did inquire into US "makes first move and getscontrol the strategy" the essence Promulgates US by the exhaustivehistorical data "to make first move and get control the strategy" thebehind intention, discloses this theory the dark side